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Former Valley International Airport Police Chief, John David Osborne Jr., had his whistleblower retaliation claims dismissed. The court’s decision follows allegations of Osborne’s inappropriate behavior and claims of dishonesty and misconduct in his role.
Prior Valley International Airport (VIA) Police Chief Loses Whistleblower Case
John David Osborne Jr., the prior Valley International Airport (VIA) Police Chief that claimed he was a victim of retaliation for whistleblowing lost his argument in court on November 28, 2023. The 103rd Judicial District in Cameron County agreed with the City of Harlingen’s that Osborne does not have jurisdiction to raise the whistleblower claims he made against the City of Harlingen.
In Osbornes pleading, he highlighted his less than three-year Army career, which began on May 27, 1992, and ended on May 24, 1995. During this time, he underwent training at Fort Knox, Kentucky, and served in Germany with the 3rd Infantry Division. Achieving the rank of Corporal, Osborne was entrusted with the security of the Adjutant to the Colonel. His responsibilities included serving as a driver for command personnel, performing administrative office duties, and participating in light armored reconnaissance duties during field exercises.
Following his military service, Osborne initially served as a reserve officer in Combes, Texas, from November 4, 1996, to February 27, 2001. He later joined the Harlingen Police Department (HPD) in 2003. He claimed he was “the face of HPD,” when he was the Public Information Officer (PIO), representing the HPD. Osborne climbed the ranks and eventually became the SWAT Commander. He was selected to attend the FBI National Academy in Quantico, VA. Notably, he claimed he was next in line to be an assistant chief for the HPD.
It is important to remember that the information provided above is based on the response to the plea to jurisdiction filed by the City of Harlingen and is subject to further legal proceedings.”
Objection to City of Harlingen’s VIA Plea to Jurisdiction
In his objection, Osborne provided a detailed account of his journey towards becoming the Chief of Police for the Valley International Airport (VIA). He explained that upon learning of the vacancy in the Chief of Police position, he discussed the possibility of taking the job with his wife and family, and they collectively decided that it would be a good fit for their family. Osborne applied for the position and was offered the job by Mr. Bryan Wren after a successful interview. Subsequently, he retired from the Harlingen Police Department (HPD) and began his tenure as the Chief of Police for VIA in January 2021.
During his time as the Chief of Police, Osborne asserted that he was not disciplined and received praise from his immediate supervisor, Mr. Bryan Wren, for his excellent performance. He tackled various issues within the organization, including the improper handling of surrendered property and special assignments from Mr. Wren, Mr. Marv Esterly (VIA Executive Director), and Mr. Richard Uribe (city commissioner).
However, Osborne claimed that his termination was influenced by an emotional and vengeful complaint made by Mr. Richard Uribe. He also disputed the designation of his separation of license report as dishonorable, as he believed it was based on a gross misinterpretation of the facts and unsupported by evidence. Osborne raised concerns that this decision could hinder his future income and prevent him from working in law enforcement.
Furthermore, Osborne highlighted that he was not timely provided with the F-5 Report, which designated his discharge as dishonorable. It was only during a deposition in December 2022 that he became aware of his dishonorable discharge. Unable to file an appeal until January 2023, Osborne explains the subsequent legal proceedings and the court’s ruling that granted him an honorable discharge.
Osborne contended that the City of Harlingen’s VIA is distorting the facts in its plea to dismiss his claim. He believed that allowing the city to avoid the consequences of its dishonest actions would be an injustice, and he requested the court to deny the plea to jurisdiction.
It is important to remember that the information provided above is based on the response to the plea to jurisdiction filed by the City of Harlingen and is subject to further legal proceedings.
Arguments to Deny City of Harlingen’s VIA Plea to Jurisdiction
Osborne presented a case to deny the City of Harlingen’s VIA plea to jurisdiction. He argued that according to established legal standards, he raised a genuine issue of material fact that overcomes the challenge to the trial court’s subject matter jurisdiction. He cited the Texas Department of Parks & Wildlife v. Miranda case, which suggests that to avoid dismissal, the plaintiff must raise at least a genuine issue of material fact.
In addition, Osborne referred to the City of Fort Worth v. Pridgen case to support his argument that he reported a violation of law in good faith. He asserted that he reported suspected violations of law, including misusing government property, an illegal contract, and conversion, by other public employees to an appropriate law enforcement authority, Mr. George Delaunay, the chief investigator for the Cameron County District Attorney, and that his report was made in good faith.
Osborne disputed VIA’s claim that he did not report an actual violation of law. He highlighted his conversations with Delaunay, where it is implied that there were violations being investigated by the FBI. He also provided specific instances where he identified violations of the law, such as conflicts of interest, stolen fuel, and conversion, which he believed constitute crimes.
Furthermore, Osborne argued that he made a good faith report to Delaunay, a law enforcement authority, alongside Bryan Wren. He asserted that the information provided by him and Wren led to an FBI investigation, and VIA’s silence on this issue is revealing.
Lastly, Osborne claimed that VIA did not provided evidence to overcome the presumption that his termination was related to his reports, which were made within 90 days of each other. He noted that he successfully appealed his dishonorable discharge and received an honorable discharge, as VIA failed to establish misconduct warranting a dishonorable discharge. Osborne believed that VIA’s plea is dilatory and should be denied.
In summary, Osborne presented arguments to deny the City of Harlingen’s VIA plea to jurisdiction. He contended that he reported violations of law in good faith, provided evidence of these violations, and that his termination was related to his reports.
It is important to remember that the information provided above is based on the response to the plea to jurisdiction filed by the City of Harlingen and is subject to further legal proceedings.
VIA Claimed Bad Faith by Police Chief
As we have previously published, VIA made claims of wrongdoing by Osborne, and it appears Osborne – at least in pleadings – did not defend against the wrong doing. Of specific mention by VIA which appeared to have no defense in the objection to the City of Harlingen’s VIA Plea to Jurisdiction is the following:
Osborne, an at least 50 years old and married at the time, agrees that he was terminated for dishonesty, misconduct, and bringing discredit to the Airport. These alleged violations include incidents such as being found in a state of undress with prior City of Harlingen Commissioner Uribe’s 19-year-old daughter during working hours, misleading a fellow employee about his whereabouts, and spending a significant amount of time on the phone with her during confidential security meetings and working hours, in violation of VIA policies.
It is important to remember that the information provided above is based on the plea to jurisdiction filed by the City of Harlingen and is subject to further legal proceedings.
The Court Granted City of Harlingen’s Plea to Jurisdiction
After a hearing on November 28, 2023, the court reviewed all relevant documents, including the pleadings, motions, responses, and other supporting materials. Additionally, the court considered the arguments presented by the counsel involved in the case. Upon deliberation, the court reached the decision that City of Harlingen’s motion to dismiss should be granted.
Consequently, the court officially granted the City of Harlingen’s motion to dismiss the case with prejudice. The final decision was filed on November 29, 2023, effectively bringing an end to the legal proceedings related to this matter.
Please note that the information provided above is based on the court’s decision in response to the City of Harlingen’s plea to jurisdiction and is subject to further legal proceedings, if any.
Summary
In November 2023, the court granted the motion to dismiss filed by The Valley International Airport (VIA) in response to former Police Chief John David Osborne Jr.’s objection to the City of Harlingen’s VIA plea to jurisdiction. Osborne had claimed retaliation for whistleblowing but the court agreed with VIA that he did not have jurisdiction to raise these claims.
Osborne had provided a detailed account of his journey to becoming the Chief of Police for VIA, highlighting his military service and career in law enforcement. He disputed the circumstances of his termination and raised concerns about the designation of his discharge as dishonorable.
However, VIA presented evidence of alleged wrongdoing by Osborne, including incidents of dishonesty, misconduct, and bringing discredit to the Airport. These allegations included inappropriate behavior with a 19-year-old during working hours.
After reviewing all relevant documents and considering the arguments presented, the court granted VIA’s motion to dismiss the case. The decision brought an end to the legal proceedings related to this matter.
It is important to note that the information provided is based on the court’s decision and is subject to further legal proceedings or additional information that may alter the understanding of the events described. Readers are encouraged to seek independent legal counsel or consult with appropriate authorities for any specific questions or concerns regarding the legal implications or accuracy of the information presented.
Disclaimer
The information provided in the preceding text is based on the response to the plea to jurisdiction filed by the City of Harlingen and the court’s decision regarding the case. It is important to note that this story may be subject to further legal proceedings or additional information that could potentially alter the understanding of the events described.
The content presented here should not be considered as a complete and definitive account of the situation. It is intended for informational and educational purposes only and should not be relied upon as legal advice or as a substitute for professional consultation. Any actions or decisions taken based on the information provided in this story are done so at the reader’s own discretion and risk.
Additionally, please be aware that the details mentioned, including specific individuals, positions, events, and allegations, are based on the information available at the time of writing. It is possible that additional details or perspectives may emerge in the future that could provide a different interpretation or understanding of the situation.
Readers are encouraged to seek independent legal counsel or consult with appropriate authorities for any specific questions or concerns regarding the legal implications or accuracy of the information presented in this story.
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